Nafees v. State Of U.P.

1. A first information report was lodged against the applicant at Police Station-Nawabganj, District-Kanpur Nagar on 26.03.2009, relating to offence under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

2. An application preferred by the applicant for his release on bail came to be rejected by learned Special Judge (Gangsters Act)/learned Additional District and Sessions Judge, Court No.5, Kanpur Nagar on 29.02.2020.

3. The applicant is in jail since 01.06.2019, pursuant to the said F.I.R.

4. The averments in the bail application assert that summons and warrants issued by the learned trial court were never served upon the applicant. His appearance was not deliberate or intentional. The applicant has been living in District-Unnao.

5. Having considered the facts stated above, without making any observations on the merits of the case, I am inclined to accept this application. Accordingly, the same is allowed.

6. Let the applicant-Nafees @ Bambaj involved in Case Crime No.98 of 2009 (S.T. No.75 of 2010) under Section 3(1) of the under Section 3(1) of the Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station-Nawabganj, District-Kanpur Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:—

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Penal Code, 1860.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Penal Code, 1860.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

(viii) If under orders of the Government any interim bail is granted to the applicant, then this order shall come into force only after completion of the period of the interim release aforesaid.

(IX) The applicant shall appear on all the dates fixed by the learned trial court. The applicant shall not seek any adjournment or delay in the trial and cooperate with the learend trial court in any manner.